Atlanta Wrongful Death Attorneys Examine Wrongful Death Claims in Georgia

February 14, 2016

Every year, approximately 30,000 families will be forced to say good bye to their loved one who has been killed in a car accident. Losing your family member in a car accident is perhaps one of the most devastating and traumatic events that anyone can experience. The feelings of grief, anger, and sadness that accompany that death are crippling. On top of this, many families will be forced to shoulder the burden of a tremendous financial loss.

All too often, the deceased family member provided financial or household support for the family, creating a huge wake with their death. The survivors of deceased car accident victims can seek compensation for their losses through a wrongful death action. Survivors should recover funeral and burial expenses, lost support and wages, emotional pain and suffering, and much more through this action.

If you have lost a family member to a fatal car accident, it is important that you act quickly so as to protect your legal rights. The following is an overview of Georgia's wrongful death statute.

What is a wrongful death in Georgia?

A wrongful death is one caused by negligent, reckless, or intentional acts of another person. Car accidents often involve negligence on the part of the at-fault driver, which could include failure to follow traffic rules, speeding, driving while intoxicated, distracted driving, and more.

Who may bring a wrongful death claim in Georgia?

Georgia law gives first priority to the spouse to bring a wrongful death action. If the spouse and the accident victim had minor children, the surviving spouse must bring the action on behalf of the children as well. The spouse must receive at least one third of the total recovery, regardless of the number of minor children included in the action.

If the deceased did not have a surviving spouse or children to bring the claim, a surviving parent or the personal representative of the deceased's estate can bring the action. If the personal representative succeeds in the action, the proceeds will be held by the estate for the benefit of named heirs or the deceased individual's next of kin.

Damages in a Wrongful Death Car Accident Lawsuit

There are two basic types of damages available in available in a lawsuit arising out of an incident causing a person's death. The first category of damages is intended to compensate the value of the life of the deceased. These include lost wages and benefits that the deceased individual might have earned had he or she lived a reasonable life expectancy, as well as loss of companionship, care, and other intangible benefits the deceased would have provided.

The second category of damages is intended to remedy the financial losses associated with the deceased's death, including medical expenses prior to death, funeral and burial expenses, and conscious pain and suffering experienced by the victim prior to death. These damages are claimed in a survival action, which must be brought by an estate. Your wrongful death accident attorney will assess all damages and fight to achieve your maximum recovery.

Montlick & Associates, P.C.: Fighting for Justice for the Family Members of Deceased Car Accident Victims

Each year, tens of thousands of individuals are tragically killed in car accidents. The Car Accident Attorneys at Montlick and Associates have assisted the survivors of car accident victims for over three decades. We offer the dedicated and compassionate representation you need to achieve your maximum recovery. Our attorney team is often able to assist survivors in receiving compensation for funeral and burial expenses, lost wages, loss of consortium, emotional pain and suffering, and much more.

Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

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Please Note:Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.